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HR 1977 IH
111th CONGRESS
1st Session
H. R. 1977
To require the Consumer Product Safety Commission to study drywall imported from China in 2004 through 2007, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 2, 2009
Mr. WEXLER introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To require the Consumer Product Safety Commission to study drywall imported from China in 2004 through 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. CPSC STUDY OF CERTAIN IMPORTED CHINESE DRYWALL.
(a) In General-
(1) STUDY- Within 120 days after the date of enactment of this Act, the Consumer Product Safety Commission, working in conjunction with the National Institute for Standards and Technology and the Environmental Protection Agency, shall initiate and conclude a study of the material and chemical composition of at least 10 samples of drywall that was--
(A) imported from China during the period 2004 through 2007; and
(B) used in residential dwellings in the United States.
(2) SPECIFIC STATE SAMPLES- The Commission shall include at least 1 sample of drywall from residences located in Florida, Louisiana, Mississippi, Texas, and Virginia.
(b) CONTENTS- The study shall include an analysis of--
(1) the chemical and organic composition of the drywall samples, using the most sophisticated testing capabilities available;
(2) the effect of these chemicals and organic compounds (or the gasses or other emissions emanating from the drywall) on metal wiring, air conditioning and heating units, and other metal fixtures commonly found in those residences; and
(3) any health or environmental impacts that may result from exposure to the chemicals or compounds found in the drywall.
(c) REPORT- The Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing its findings, conclusions, and recommendations.
SEC. 3. CONSUMER PRODUCT SAFETY STANDARD PROCEEDING.
Within 180 days after the date of enactment of this Act, the Commission shall initiate a proceeding to determine whether a consumer product safety standard regulating the composition of materials used in drywall is necessary to protect the health and safety of residential homeowners.
SEC. 4. INTERIM BAN ON DRYWALL EXCEEDING FIVE PERCENT ORGANIC COMPOUNDS.
(a) IN GENERAL- Within 30 days after the date of enactment of this Act, the Commission shall--
(1) designate drywall containing over 5 percent organic compounds by weight as a product with a product defect which constitutes a substantial product hazard (within the meaning of section 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2064(a)(2))); and
(2) issue an order under section 15(c)(1)(A) and (B) (15 U.S.C. 2064(c)(1)(A) and (B)) to manufacturers, distributors, and retailers of such drywall.
(b) DURATION OF BAN- The rule and order issued under subsection (a) of this section shall remain in effect until--
(1) the date on which the Commission publishes a determination, pursuant to the proceeding initiated under section 3, that a consumer product safety standard regulating the composition of materials used in drywall is not necessary to protect the health and safety of residential homeowners; or
(2) if the Commission determines that such a consumer product safety standard is necessary, the date on which such a standard takes effect.
U.S. Congress - Text of H.R.1977 as Introduced in House Drywall Safety Act of 2009
